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CABALLERO v. STATE

No. 56745.

587 S.W.2d 741 (1979)

Carlos A. CABALLERO, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

October 17, 1979.

Attorney(s) appearing for the Case

Robert A. Valdez, Antonio G. Cantu, San Antonio, on appeal only, for appellant.

Bill M. White, Dist. Atty., Keith W. Burris, James W. Blagg, E. Dick Ryman and Lisa M. Beck, Asst. Dist. Attys., San Antonio, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S MOTION FOR REHEARING

PHILLIPS, Judge.

Appellant's conviction was reversed and remanded by this Court due to error which occurred in the hearing on appellant's competency to stand trial. The State has filed a motion for rehearing and urges this Court to reconsider the disposition of this case in light of Brandon v. State (No. 59,348, decided April 25, 1979), which was decided the same day as this case.

In Brandon this...

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